PEOPLE v. WILLIAMS (2007)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered October 16, 2003, convicting him of promoting prison contraband in the first degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

 Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant's guilt of promoting prison contraband in the first degree (see Penal Law § 205.25[2] ).   Furthermore, resolution of issues of credibility is primarily a matter to be determined by the trier of fact, who saw and heard the witnesses, and his or her determination should be afforded great deference on appeal (see People v. Romero, 7 N.Y.3d 633, 644-645, 826 N.Y.S.2d 163, 859 N.E.2d 902;  People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053, cert. denied 542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828).   Upon the exercise of our factual review power (see CPL 470.15[5] ), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d at 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).